Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.

Friday, May 18, 2007

Extreme Makeover, Nebraska Supreme Court style: Nebraska Supreme Court hears duplex owners' appeal of Omaha Housing Authority's building code citations: the Metropolitan Utilities District has exclusive control over gas appliances; The city could not cite the owners for sloppy painting, tuck pointing and stucco repairs that were not themselves repairs the owners took to remedy code violations. McNally v. City of Omaha, S-05-1022
The City cited the owners for various code violations on a duplex they owned. Some of the citations were for painting over windows, failing to paint stucco exteriors and poor tuck pointing of masonry. Also the MUD had inspected a gas furnace but the City had not given its ok. Supreme Court holds that poor or sloppy repairs are not violations unless they are to repair cited problems. Also the MUD was the right agency to inspect specifically gas powered appliances.
" 48-15 states: “repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.” Whether or not the unattractiveness of the repairs could fall under this definition of “workmanlike,” the Mcnallys argue that § 48-15 is inapplicable. the window trim painting, the stucco, and
the tuck-pointing were repairs which the Mcnallys conducted on their own accord. We agree that § 48-15 is inapplicable in this case because the ordinance clearly limits the “workmanlike”
mandate to situations where the work is conducted pursuant to enforcement of the Code."